Grants To Restore San Francisco Bay Watershed

Grants to state and local agencies, and non-profit organizations totaling $6.5 million have been awarded to restore water quality and wetlands throughout the San Francisco Bay watershed. Grants range from $75,000 to $1.5 million and will support ten projects that prevent pollution, restore streams and tidal marshes, and manage floodwaters. The projects are funded under EPA’s San Francisco Bay Water Quality Improvement Fund that has invested over $28 million in 48 projects across the Bay region since 2008.

The project summaries, partner agencies/organizations, and funding amounts are:

1. Restore Wetlands at Creek Mouths ($1.55 million, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Redesign flood control channels to restore wetland habitat, water quality, and shoreline resilience at three creek mouths: San Francisquito, Lower Novato, and Lower Walnut Creeks. Restore over 100 acres of tidal marsh and re-use 70,000 cubic yards of clean sediment from dredging projects.
2. Continue Reducing Sediment Loads into the Napa River ($1.5 million, in partnership with Napa County Flood Control District): Complete instream restoration of the Rutherford Reach and begin restoration of the Oakville Reach to reduce sediment loads into Napa River.
3. Restore Quartermaster Reach – Presidio ($1 million, in partnership with Golden Gate National Parks Conservancy): Restore 1,050 feet of creek channel, 3.3 acres of dune-coastal scrub upland, and 4.7 acres of previously buried tidal marsh adjacent to the Crissy Field wetlands.
4. Site Preparation of Sears Point Tidal Marsh Restoration ($941,000, in partnership with Sonoma Land Trust): Prepare for restoration of 960 acres of tidal marsh in the San Pablo Bay National Wildlife Refuge through removal of contaminated soil, construction of a 2.5 mile levee to manage floods, and contouring the site to accelerate sediment accumulation.
5. South Bay Salt Ponds Mercury Studies ($500,000, in partnership with California State Coastal Conservancy): Conduct methylmercury studies within the 15,000-acre South Bay Salt Pond complex to support tidal wetlands restoration of ponds.
6. Reduction in Packaging at Fast Food Establishments ($257,000, in partnership with Clean Water Fund): Develop source reduction programs for takeout food containers, the largest documented contributor of trash in urban waterways that flows into SF Bay, and, with partner cities, conduct outreach at fast food establishments.
7. Reduction in Household Use of Toxic Pesticides ($250,000, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Use social media and direct outreach to consumers and retailers to promote less-toxic pesticides and pesticide free practices. Project aims to shift Bay Area households towards using less-toxic pesticides.
8. Improve Water Quality and Wetlands at Sonoma Creek Marsh ($235,000, in partnership with Audubon California): Enhance 300 acres of tidal marsh within Sonoma Creek marsh by excavating a new channel. Dredged channel material will be used to create wildlife habitat and improved tidal exchange will reduce the need for pesticides used to control mosquitoes.
9. Restore Alameda Creek ($181,000, in partnership with Alameda County Resource Conservation District): Establish stream buffers, restore stream channels and riparian corridors, improve grazing practices, and upgrade rural roads in three subwatersheds of Alameda Creek.
10.  Improve Fish Passage on San Francisquito Creek ($75,000, in partnership with San Mateo Resource Conservation District): Remove Bonde Weir and redesign the creek channel to re-open access to 40 miles of upstream spawning habitat for steelhead.

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Water Quality Action Plan for San Francisco Bay Delta

The U.S. Environmental Protection Agency has released an Action Plan that proposes seven measures for improving water quality, restoring aquatic habitat, and improving the management of the San Francisco Bay Delta Estuary. The release of the Action Plan follows the agency’s analysis concluding that existing federal and state water quality programs are not adequately safeguarding the ecosystem. The Action Plan responds to findings and recommendations made following EPA’s Advance Notice of Proposed Rulemaking in 2011 that sought public input on the effectiveness of existing federal and state water quality protection programs.

The Action Plan prioritizes the following seven actions to be pursued in partnership with the State Water Resources Control Board, the Regional Water Boards for the Central Valley and San Francisco Bay, the California Department of Pesticide Regulation, and numerous other state and federal agencies:

1. By 2013, propose a standard for selenium discharges from cities, farms, and oil refineries;
2. By 2013, achieve organophosphate pesticide water quality goals in Sacramento County urban streams;
3. By 2014, set new estuarine habitat standards, including salinity, to improve conditions for aquatic life;
4. By 2017 establish a monitoring and assessment program for water quality in the Delta;
5. Ensure that EPA’s pesticide regulation program more fully considers the effects that pesticides have on aquatic life;
6. Restore and rebuild wetlands and floodplains to sequester drinking water contaminants, methylmercury, and greenhouse gases and make the Delta more resilient to floods, earthquakes, and climate change;
7. Support the development and implementation of the Bay Delta Conservation Plan.

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Draft California Industrial General Permit Summary

In July 16, 2012, the California State Water Resources Control Board (State Water Board) published its third draft of its proposed “General Permit For Storm Water Discharges Associated With Industrial Activities, NPDES No. CAS000001” or “IGP”. This permit covers stormwater discharges from certain types of industrial and “industrial-like” operations that are required to have a stormwater discharge NPDES permit. NPDES permits, including general permits, are typically reissued on a 5- year cycle. However, the current IGP has been in effect since 1997.

The proposed permit includes numerous significant changes to the compliance requirements in California. These changes are in response to new Federal requirements for industrial stormwater discharges (most notably the 2008 EPA Multisector General Permit, or MSGP), changes recommended by State Water Board staff, recommendations from a “blue ribbon panel of experts” convened in 2005-2006, and several court actions.

Read a Regulatory Briefing on the Draft California Industrial Permit

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California Coastal No Discharge Zone Approved

U.S. EPA has approved a California state proposal to ban all sewage discharges from large cruise ships and most other large ocean-going ships to state marine waters along California’s 1,624 mile coast from Mexico to Oregon and surrounding major islands. The action establishes a new federal regulation banning even treated sewage from being discharged in California’s marine waters.

California Senate Bill 771, the Clean Coast Act which prohibits all commercial ships from dumping hazardous waste, sewage sludge, oily bilge water, “gray water” from sinks and showers, and sewage in state waters. SB 771 also required California to petition the federal government for a ‘No Discharge Zone’ to enforce the bill’s anti-dumping provisions.

Under the Clean Water Act, states may request EPA to establish vessel sewage no-discharge zones if necessary to protect and restore water quality. In 2006, following passage of three state statutes designed to reduce the effects of vessel discharges to its waters, the State of California asked EPA to establish the sewage discharge ban. After releasing the proposed rule in 2010, EPA considered some 2,000 comment letters from members of the public, environmental groups, and the shipping industry before finalizing the regulation.

In contrast to prior no-discharge zones under the Clean Water Act, which apply in very small areas, the new ban applies to all coastal waters out to 3 miles from the coastline and all bays and estuaries subject to tidal influence. Other California no discharge zones for ten bays and marinas remain in effect for all vessels. Consistent with the State’s request , the new prohibition applies to all passenger ships larger than 300 tons and to all other oceangoing vessels larger than 300 tons with sewage holding tank capacity.

In addition to the discharge prohibition, other vessel sewage discharges will continue to be regulated under existing Clean Water Act requirements, which generally require sewage to be treated by approved marine sanitation devices prior to discharge. The State is also continuing to implement and strengthen other efforts to address sewage discharges from smaller vessels, including recreational boats, to state waters.

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California Industrial Storm Water Permit Update

The California State Water Board posted a revised draft industrial stormwater general permit in January 2011 and accepted public comments through April 2011. Since that time the Board has been working to address the comments received on the previous draft.

The California State Water Board currently expects to release a new draft of the industrial permit and its attachments and supporting documents in early 2012. The Board anticipates at least a 60 day comment period, during which they plan to provide at least two, informal staff workshops and one, formal public hearing.

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California Industrial General Permit For Stormwater Discharge

The California Water Board has released on update on the status of the State industrial stormwater permit. On January 28, 2011, the California Water Board released a draft Industrial Activities Storm Water General Permit (IGP) for public comment. State Water Board staff are working on a new draft of the California industrial permit based on the comments received on the January 28, 2011, draft IGP. Currently the Water Board plans to release the new draft IGP before September 1, 2011. The Board expects to post the new draft IGP along with a hearing notice prior to September 1, 2011.

At the present time the California Water Board anticipates they will schedule a hearing for the new draft IGP in October or November of 2011.

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Corrective Action Level Triggers and Numeric Effluent Limits In Draft Industrial Storm Water Permit

On January 28, 2011, the California State Water Resources Control Board proposed a draft industrial stormwater discharge general permit. The draft General Permit amends a number of the existing requirements for permitted facilities and adds some new requirements.

One of the more significant changes to the California General NPDES Permit is the incorporation of quantitative Action Levels and Effluent Limits which could apply to any discharger. In 2006, the State Water Board convened a blue ribbon panel of storm water experts that submitted a report entitled, “The Feasibility of Numeric Effluent Limits Applicable to Discharges of Storm Water Associated with Municipal, Industrial and Construction Activities,”. The panel concluded that numeric limits or action levels are technically feasible to control industrial storm water discharges, provided that certain conditions are considered. The draft permit incorporates two types of quantitiative action levels/limits:


Numeric Action Levels (NALs) are derived from the US EPA Multi-Sector General Permit’s benchmarks, and are used as numeric thresholds for corrective action. Exceedances of an NAL are not a violation of the permit; however, exceedance of specific NAL Corrective Action Triggers requires the facility to enter into Level 1 Corrective Action.

[More information on US EPA benchmarks, and comparison to historic industrial sector monitoring results]


Numeric Effluent Limits (NELs) are could also apply to any facility. Dischargers in Corrective Action Level 3 (see below) are subject to a numeric effluent limitation (NEL) that will be the same value as the applicable pollutant NAL. A daily average exceedance of the NEL is a violation of the General Permit and may subject the discharger to mandatory minimum penalties.

NAL Corrective Action Triggers are defined in the draft general permit as follows:
1. The Daily Average (DA) for any one constituent exceeds the NAL value for two or more storm events of a reporting year, or;
2. The DA for any two constituents exceed the NAL values for any single storm event within a reporting year, or;
3. The concentration for any one constituent exceeds 2.5 times the NAL value for any one individual or allowable combined sample (or is more than one pH unit outside the NAL pH range)

In the event that any of the NAL Corrective Action Triggers are met, the facility will need to complete Level 1 Corrective Actions. The need to do further corrective actions will depend on subsequent monitoring results.


Level 1 - Operational Source Control Corrective Actions
Upon the first occurrence meeting any of the NAL corrective action triggers, the discharger will be required to valuate areas of the facility to identify where additional operational source control BMPs and/or SWPPP implementation measures are necessary to prevent or reduce pollutants in storm water discharges in compliance with BAT/BCT. Based upon the facility evaluation, the facility will certify that the pollutant source(s) have been identified and 1) additional operational source control BMPs and/or SWPPP implementation measures have been included in the SWPPP , 2) no additional operational source control BMPs or SWPPP implementation measures are required , or 3) pollutant source(s) causing the exceedance are not related to the facility’s industrial activities. A Level 1 NAL Exceedance Evaluation Report will need to be prepared and submitted.
Level 2 Structural and/or Treatment Corrective Actions
If in any subsequent reporting year the sampling results meet an NAL corrective action trigger, the discharger is require to take addition action. If the NAL corrective action trigger is for a constituent that had not been included in a previous Level 1 NAL Exceedance Evaluation Report, the discharger go through Level 1 Corrective Actions.
If the NAL corrective action trigger is for one or more of the constituents previously addressed in a Level 1 NAL Exceedance Evaluation Report, the discharger would need to evaluate and select additional structural source control BMPs and/or treatment BMPs with the goal of achieving the applicable NAL value(s) in future discharges. A Level 2 NAL Exceedance Evaluation Report will need to be prepared and submitted and more frequent monitoring is required.
Level 3 Imposition of Numeric Effluent Limits
If in any subsequent reporting year the sampling results meet an NAL corrective action trigger for the same constituents subject to the Level 2 corrective actions, the discharger shall the applicable NAL(s) will become an NEL(s), and starting October 1 of the following compliance year, the discharger will be required to sample every qualifying storm event.

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California Toxic Release Inventory TRI Reporting Summary 2009

Toxics managed, treated or released into the environment from facilities operating in California decreased by 14% in 2009 when compared to 2008, according to the latest data available from the U.S. EPA. The 6 million pound decline reflects reported decreases in air, water, and land disposals, releases and off-site transfers. California releases were better than the national average, where there was a 12% decrease in total reported releases into the environment from 2008 to 2009. The number of facilities reporting chemical releases decreased 7% nationally.

Data from 2009 in California shows:

• Total reported on-site and off -site disposals and releases decreased 21% due primarily to decreases across all media—air, water and land releases and off-site transfers, with the exception of an increase in underground injections
• Air releases decreased by 25% (3.2 million pounds)
• Water releases decreased by 24% (523,491 pounds)
• California reported an increase in underground injection releases of 267% (279,802 pounds since 2008)
• The top five released chemicals are lead, zinc and zinc compounds, ammonia, and asbestos.
• In California, 7 million pounds of total releases of persistent bioaccumulative and toxic chemicals (PBTs) were reported, a 16% decrease or 1.3 million pounds. Lead and lead compounds top the list.
  

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Permit Fee Increase for Storm Water and NPDES Permits

The California State Water Resources Control Board is considering emergency measures that will result in a significant increase the fees charged to stormwater permittees. And other permittees holding NPDES discharge permits.

According to the State Board, the increase is needed to respond to both reductions in revenue generated and increased program costs. The shortfall in revenue is a result of under-collection of revenue in the Surface Water Ambient Monitoring Program (SWAMP) in FY 2009-10 and a substantial drop in enrollment under the State Water Board’s recently adopted storm water construction permit. In July 2009, the State Water Board adopted Order 2009-0009-DWQ requiring storm water construction dischargers to enroll in a new storm water construction permit by July 1, 2010. Approximately 64 % of previous storm water construction permit holders did not renew their permits by the deadline and have been terminated from coverage. Many of these permittees did not reenroll because of a decline in construction activity. At the same time, the downturn in the construction industry has resulted in a reduction of the number of new permits being issued.

During the same period, costs increased substantially due to a shift in funding for basin planning from General Fund support to fee support and a return to full payroll costs due to the discontinuance of the furlough program.

According to the State Board, the Storm Water program needs to generate an additional $4.4 million in revenue to meet the FY 2010-11 Budget, which translates to a 21.5 % increase to all Storm Water fee categories.

The NPDES program needs to generate an additional $6.4 million in revenue to meet the FY 2010-11 Budget. This translates to a 31.4 % increase to all NPDES fee categories.

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NPDES Electronic Reporting Rule Stakeholder Meeting

US EPA has scheduled a meeting to discuss the NPDES Electronic Reporting Rule.
With this rulemaking, EPA hopes to improve management and performance of the NPDES program by requiring electronic reporting of NPDES information from regulated facilities. This will reduce the burden for facilities to report to regulatory agencies and for states to report to EPA.

This meeting will be used to discuss electronic reporting alternatives for submission of NPDES information directly to states and/or EPA from permittees. Topics include the feasibility of requiring electronic reporting in areas such as electronic discharge monitoring reports (eDMRs), electronic notice of intent (eNOI), and electronic program reports. The purpose of this meeting is to give interested parties the opportunity to discuss the proposed rule and to provide feedback.

The meeting will be held on Tuesday, July 13, 2010 from 1 - 3 p.m. The meeting location is Room 1117A EPA East, 1201 Constitution Ave., NW., Washington, DC 20460.

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Pesticide Application General Permit

U.S. Environmental Protection Agency (EPA) has released a proposed new permit with requirements that would regulate the amount of pesticides discharged to Waters of the US. This proposed general permit is in response to an April 9, 2009 court decision that found that pesticide discharges to U.S. waters were pollutants, and therefore requiring an NPDES permit.

The proposed permit would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment and monitor for and report adverse incidents. Additional controls, such as integrated pest management practices, are built into the permit for operators who exceed an annual treatment area threshold.

The agency plans to finalize the permit in December 2010, and have it take effect April 9, 2011. Once finalized, the pesticide general permit will be used in states, territories, tribal lands, and federal facilities where EPA is the authorized permitting authority. In the remaining 44 states, states will issue the pesticide general permits. EPA has been working closely with these states to concurrently develop their permits.

EPA will hold three public meetings, a public hearing and a webcast on the draft general permit to present the proposed requirements of the permit, the basis for those requirements and to answer questions. EPA will accept written comments on the draft permit for 45 days after publication in the Federal Register.

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Airport Deicing Discharge - Proposed Rules

U.S. Environmental Protection Agency has proposed regulations requiring airports to collect at least some of the deicing fluid after it is used on aircrafts with a goal of cutting chemical discharge by 22%. The regulations would require six of the 14 major U.S. airports that are the biggest users of deicing fluid to install deicing pads or other collection systems to capture 60% of fluid sprayed and to install deicing pads or other collection systems. Some of the targeted airports include:

• New York's John F. Kennedy and LaGuardia airports,
• Chicago's O'Hare,
• Boston Logan International,
• Cleveland-Hopkins International, and
• New Jersey's Newark Liberty International

It would then be the airports' responsibility to ensure that the collected fluid was treated and handled in accordance with requirements. Some 200 smaller facilities around the US would have to collect 20 percent of the fluid by using technologies such as a glycol recovery vehicle, while airports with fewer than 1,000 yearly jet departures would not be impacted.

For more information on water quality services, go to:

Water Quality Standards - Water Discharge Permit - Aquatic Toxicology Services

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For further information contact Caltha LLP at
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Caltha LLP Website